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Castillo v. Small

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


January 23, 2009

LUIS CASTILLO PETITIONER,
v.
L. SMALL, WARDEN, RESPONDENT.

The opinion of the court was delivered by: Hon. Jeffrey T. Miller United States District Judge

ORDER ADOPTING REPORT AND RECOMMENDATION

Having carefully considered Magistrate Judge Battaglia's thorough and thoughtful Report and Recommendation ("R & R") regarding the dismissal of the petition for writ of habeas as time barred, the record before the court, the absence of any objections to the R & R, and applicable authorities, the court adopts the R & R in its entirety.

In sum, the R & R is adopted in its entirety and the petition for writ of habeas corpus is dismissed. The Clerk of Court is instructed to close the file.

IT IS SO ORDERED.

20090123

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